IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
Comment: Two commenters recommended that we specifically
reference, in §303.112, children who have experienced or
have been exposed to abuse, neglect, or family violence.
Discussion: Section 303.112 of these regulations reflects the requirement in section 635(a)(2) of the Act that a
State’s system include a policy that ensures that early
intervention services are available to all infants and toddlers with disabilities and their families, including Indian children with disabilities and their families residing on a reservation geographically located in the State and homeless children with disabilities and their
families. We define the word including in §303.18 of
subpart A of these regulations to mean that the items named are not all the possible items that are covered, whether like or unlike the ones named. The use of the term
“including” in §303.112 is meant to make clear that the
list of groups (i.e., Indian children and homeless
children) is not exhaustive. We also note that provisions
regarding the identification of infants and toddlers with disabilities who have experienced or have been exposed to abuse, neglect, or family violence (and other subpopulations that were specifically added in the 2004